Copyright Complaint Management

Purpose

  • Provide an effective and efficient approach to the resolution of copyright complaints
  • Comply with the Canadian Copyright Modernization Act
  • Comply with UNB Acceptable Use of Information and Communication Technology policies

Scope

  • Copyright violations occurring with the use of UNB resources
  • UNB Community as defined in the Policy for Protection of Personal Information and Privacy

Procedure

Upon receipt of a complaint, ITS will attempt to identify the machine and the user affiliated with alleged copyright infringement.

If the User cannot be identified

  1. Complainant will be notified that user could not be identified and reason why.
  2. Issue will be closed.

If the User can be identified and complaint verified

  • ITS Security Action Team (SAT) member will notify the complainant that a user was identified and that the notification about the alleged infringement had been sent to the user. User identification will not be provided without a court order.
  • ITS will retain a record of the complaint and associated document for one year.
  • In all cases complainant may pursue legal remedies under current Canadian law, which may include a fine ranging from $100 to $5000.

First time offenders

ITS Security Action Team (SAT) member will issue a warning with the original message from the complainant.

Second time offenders

ITS Security Action Team member will meet with the user to remind user of their accountability under UNB's Acceptable Use of Information and Communication Technologies Policy (AUP). User will be warned that a third offense could result in a complaint to the Student Disciplinary Committee (for students) or a request for a meeting with the appropriate supervisor, director or dean (for faculty and staff).

For third-time offenders

As per the AUP, ITS may limit or remove user access to the UNB network and UNB authenticated services with or without notification for whatever length of time is deemed appropriate.

Definition

Complainant - Any copyright owner or their recognized agent.

Review of Procedure

1st review will take place 3 months after initial procedure release and at minimum every 3 years thereafter. The procedure owner is accountable to ensure the reviews take place. Reviews will assess the relevance, effectiveness and efficiency of the procedure and ensure changes are made in a timely manner when identified.

Next Review Date: YYYY/MM 2015/10

Ownership and Approval Information

Date issued: 2012/11/23

Issued by: SAT Team

Approved by: AVP-ITS

Owner: David Shipley, Enterprise Strategy Analyst